City of Hermosa Beach --- 10-20-98


CONTINUED FROM THE MEETING OF SEPTEMBER 15, 1998


SUBJECT: TEXT AMENDMENT 98-3


PURPOSE: TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED.


INITIATED BY STAFF


Recommendation

To recommend that the City Council amend the Zoning Ordinance text as proposed in the attached Resolution, which incorporates the comments of the Commission from the last meeting.


ALTERNATIVE

Staff has also prepared alternative text which would allow "reconstruction" of existing stairs to be considered the same as routine repair pursuant to the Section 17.52 of the nonconforming ordinance. This option is proposed to allow replacement of stairs that might be deficient to the current width requirements of the building code (i.e. constructed within a 3-foot or less side yard), by allowing the replacement to be considered repair and maintenance.


Background

The Planing Commission considered the text recommended by staff, and stated concern with allowing the exception to broadly apply to existing stairs not absolutely needed for access to a dwelling, which may continue to be an eyesore to a neighborhood. Also the Commission was concerned about allowing continuation of nonconforming stairs in conjunction with a remodel when the stairs should be brought into conformity with yard requirements. The Commission therefore directed staff to modify the proposed text.


Analysis

Staff is proposing revised language that would limit replacement of nonconforming stairs to situations where the stair provides legally required access provided no other reasonable location is available that does not require major reconfiguration or alteration of the structure. Also staff is proposing adding a sentence which would exclude the exception when a building is remodelled in excess of 50% of replacement cost.


This modification will clearly limit when the exception may be applied--to stairs that provide legally required access to a dwelling unit. Also, in order to determine whether other reasonable locations are available, the property owner must examine other possible locations for stairs that would comply with the code, that would not required reconfiguring or alteration of the structure.


Further, the revised language would exclude using this exception to maintain nonconforming stairs in conjunction with remodel projects that exceed 50% increase in valuation. This provision is consistent with language in Chapter 17.52 regarding all nonconforming buildings.


ALTERNATIVE

Staff is including the alternative to make the exception more useful and applicable. Many existing deteriorated stairs could not be reconstructed even with the proposed exception as they could not comply with the 3-foot stair-width requirements of the U.B.C, since they are located in nonconforming yards of less than 3-feet. The alternative would allow for full reconstruction even if substandard in width by allowing it to occur as maintenance and repair under the terms of Section 17.52.020 (thus allowing a substandard width to be maintained). However, the exception would still require that the stair be reconstructed in a non-combustible material and comply with handrail, guardrail, tread width, and riser requirements.


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Zoning Ordinance Text Amendment regarding Stairway Encroachment into Required Yards


EXISTING

PROPOSED



17.46.100 Stairway and balcony encroachments into front yard areas.

An open uncovered balcony may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line and shall be a minimum of seven feet above finished grade.

An unenclosed stairway or steps uncovered leading from grade to the first floor level only may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line. (Prior code Appx. A, § 1212)

17.46.110 Uncovered, solid, concrete stair landings and stairs on grade may project into a side yard.

Uncovered, solid concrete stair landing and stairs on grade which are not over four feet to the highest point from the natural, existing or finished grade, whichever is the lesser height, and do not extend above the level of the first floor of the building may extend or project into any required side yard not more than five feet. In order that such structure shall not obstruct any pedestrian way on the ground level, the stairs shall extend from the stair landings in both directions. (Prior code Appx. A, § 1213)


17.46.100 Balcony encroachments into front yard areas.

An open uncovered balcony may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line and shall be a minimum of seven feet above finished grade

17.46.110 Stairway encroachment into yard areas.

A. Side Yards: Uncovered, solid concrete stair landing and stairs on grade which are not over four feet to the highest point from the natural, existing or finished grade, whichever is the lesser height, and do not extend above the level of the first floor of the building may extend or project into any required side yard not more than five feet. In order that such structure shall not obstruct any pedestrian way on the ground level, the stairs shall extend from the stair landings in both directions

B. Front Yards: An unenclosed stairway or steps uncovered leading from grade to the first floor level only may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line

C. Existing nonconforming stairs: Existing legally permitted stairways, that encroach into required yard areas, and which provide legally required access to existing legal dwelling units, shall be considered to legally encroach into required yard areas, and may be maintained and repaired. Said stairway may also be fully replaced, provided no other reasonable location is available that does not require major reconfiguration or alteration of the structure. Said stairways, if reconstructed or replaced to allow continued access to the dwelling unit, shall be constructed in compliance with the Uniform Building Code at the time of reconstruction or replacement. No replacement of said stairways shall be permitted in conjunction with an expansion and/or remodel project that exceed 50% increase in replacement cost to existing buildings on the site.



















ALTERNATIVE for C


Existing nonconforming stairs: Existing legally permitted stairways that encroach into required yard areas, and which provide legally required access to existing legal dwelling units, shall be considered to legally encroach into required yard areas, and may be maintained and repaired. Said stairway may also be fully reconstructed as permitted under Section 17.52.020 as maintenance and repair provided no other reasonable location is available that does not require major reconfiguration or alteration of the structure. Said stairways, if reconstructed or replaced to allow continued access to the dwelling unit, shall be constructed of non-combustible material in conformance with the Uniform Building Code handrail, guardrail, tread width, and riser requirements. No replacement of said stairways shall be permitted in conjunction with an expansion and/or remodel project that exceed 50% increase in replacement cost to existing buildings on the site.


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CourtName Address

RESOLUTION P.C. 98-


A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO RECOMMEND AMENDING THE ZONING ORDINANCE TO ALLOW EXISTING STAIRS LOCATED IN REQUIRED YARDS, WHICH PROVIDE NEEDED INGRESS AND EGRESS TO A DWELLING UNIT, TO BE MAINTAINED, REPAIRED, OR REPLACED.



The Planning Commission of the City of Hermosa Beach does hereby resolve as follows:


Section 1. The Planning Commission held a duly noticed public hearing on September 15, and October 20, 1998, to consider amendments to the Zoning Ordinance regarding existing stairs located in required yards; at which testimony and evidence, both written and oral, was presented to and considered by the Council.


Section 2. Based on the evidence considered at the public hearing, the Planning Commission makes the following findings:

  1. Many older buildings with the main living area above grade or on a second floor are entered from an exterior stairway. Though legally constructed pursuant to the U.B.C. and zoning requirements at the time, these stairs now are located in required yards, and are therefore considered "nonconforming".
  2. Often these stairs provide the only access to a dwelling unit, or required secondary access.
  3. The stairs are typically constructed of wood and, therefore, do not comply with current fire safety requirements of the Uniform Building Code.
  4. While limited repair is permitted under the Nonconforming Ordinance and the Building Code, in most cases a complete replacement is the safest and best option. However, even if the stairs are reconstructed to comply with the U.B.C. (i.e. constructed of metal or concrete), it may not be feasible to reconstruct the stairs in compliance with zoning requirements or other U.B.C. requirements such as required width.
  5. Allowing an exception for existing nonconforming stairs will resolve the problem of stairs which have deteriorated or been damaged beyond any possibility of repair and need to be replaced and will also allow property owners who may desire to replace wooden stairs with safer metal or concrete stairs .
  6. Without an exception, major and costly remodeling of a structure would be necessary to replace access to dwellings which may be lost due to a deteriorated or damaged stair and there is no incentive to fully replace older stairs with safer non-combustible stairs.


Section 3. Based on the foregoing, the Planning Commission hereby recommends that the Hermosa Beach Municipal Code, Title 17-Zoning, be amended as follows:


1. Amend Section 17.46.100 and 17.46.110 to read as follows:


"17.46.100 Balcony encroachments into front yard areas .

An open uncovered balcony may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line and shall be a minimum of seven feet above finished grade


17.46.110 Stairway encroachment into yard areas.

A. Side Yards: Uncovered, solid concrete stair landing and stairs on grade which are not over four feet to the highest point from the natural, existing or finished grade, whichever is the lesser height, and do not extend above the level of the first floor of the building may extend or project into any required side yard. In order that such structure shall not obstruct any pedestrian way on the ground level, the stairs shall extend from the stair landings in both directions


B. Front Yards: An unenclosed stairway or steps uncovered leading from grade to the first floor level only may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line


C. Existing nonconforming stairs: Existing legally permitted stairways that encroach into required yard areas, and which provide legally required access to existing legal dwelling units, shall be considered to legally encroach into required yard areas, and may be maintained and repaired. Said stairway may also be fully replaced, provided no other reasonable location is available that does not require major reconfiguration or alteration of the structure. Said stairways, if reconstructed or replaced to allow continued access to the dwelling unit, shall be constructed in compliance with the Uniform Building Code at the time of reconstruction or replacement. No replacement of said stairways shall be permitted in conjunction with an expansion and/or remodel project that exceed 50% increase in replacement cost to existing buildings on the site..


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